Section 0030-01-09-.02 - ACCESS TO LONG TERM CARE FACILITIES AND RESIDENTS OF LONG TERM CARE FACILITIES(1) Designated ombudsmen shall have access to long-term care facilities without notice between the hours of 8:00 a.m. and 8:00 p.m. Designated ombudsmen shall also have access between the hours 8:00 p.m. and 8:00 a.m. by prior arrangement with the facility administrator; or with good cause and 24 hours prior notice to the administrator or person in charge of the facility at the time the notice is given. Good cause means that study of a perceived problem requires the presence of an ombudsman in a facility at times other than from 8:00 a.m. and 8:00 p.m., and the study of the problem has been requested by a resident, resident's family, or resident's legal representative.(2) Representatives of ombudsmen shall have access to long-term care facilities without prior notice between the hours of 8:00 a.m. and 8:00 p.m.(3) The ombudsman, unimpeded and unaccompanied (unless the ombudsman so requests) by staff of the long-term care facility, may proceed to visit privately with residents of the facility. The ombudsman shall announce his presence before entering the room of any resident. Residents may refuse or terminate any visit.(4) If a resident's room does not permit private consultation to occur between the ombudsman and resident, or if such consultation infringes the rights of roommates, the ombudsman or his delegate should request, and facility must provide, an appropriate private place for such a meeting. Ombudsmen may also meet with residents in common areas of facilities unless such meetings infringe upon the privacy or other rights of other residents.(5) The ombudsman's continued presence in the facility and with a resident or residents shall be at the pleasure of the resident(s) or their legal representative. Only resident(s) may refuse or terminate visits from an ombudsman or ombudsman representative, consistent with inherent constitutional rights of all citizens.(6) Ombudsmen shall identify themselves to the responsible facility representative when arriving at any long-term care facility and shall notify a facility representative of their departure. Upon request by the responsible facility representative, the ombudsmen shall provide identification provided by the state agency on aging.(7) Facility staff may refuse or terminate an ombudsman visit when such a visit is a direct threat to the health and safety of the resident as documented by his/her physician in the resident's medical record. An exception to this rule occurs when the resident, willfully and knowingly, with full information related to his/her medical condition, waives medical advice and chooses to meet the ombudsman in spite of the risk. In such situations, the facility may request the resident to sign an appropriate written statement in which he/she takes responsibility for his/her actions. Nothing in this rule is intended to restrict in any way the right of residents to seek legal assistance through any persons of their choice.Tenn. Comp. R. & Regs. 0030-01-09-.02
Original rule filed April 26, 1983; effective May 26, 1983.Authority: T.C.A. § 14-6-105.